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The Rule Against Perpetuities essentially states that any event in a will must happen (if it will ever happen) within 21 years of a life in existence at the time the event is supposed to happen. Breaking it down a bit: if a will has a condition in it, that condition must occur not later than 21 years of the creation of the condition. Others have handled the why: to prevent the dead from having too great a say over the lives of the living. Examples: Phil dies. He wants to leave all his land to his good friend Blarzgh's children - he was like a father to the little darlings (if you catch my drift). But, Phil doesn't want his own family to be without the land immediately after his death. So in Phil's will, he leaves the land to his wife and kids, but that 21 years after the death of the last of Phil's grandchildren who were alive at the time of Phil's death, the property will all go Blarzgh's children (or, if they've died, their heirs). So, Phil dies in 2022 in a horrible crawfish accident with 2 grandchildren. Grandchild Abigail dies in 2105. Grandchild Blabbigail dies in 2119 Twenty one years later, in 2140, Phil's land will finally pass from Phil's kids, and their heirs, to Blarzgh's kids, and their heirs. Phil's been dead for 118 years, but he was allowed to set a condition like that. (But that's about the maximum amount of time you could limit something. Blabbigail would have been born by 2022, and died in 2119, so she was at least 98 years old herself - an unusually long age for a Cajun). Another example: Professor Kind dies childless. So he leaves his entire collection of rare hentai to University of Florida Otaku collection. It's priceless. But he can't bear to think of today's generation ... defiling themselves with his precious scholarly tentacle comics. So he first entrusts them to another afficianado, Australian Prime Minister Gough Whitlam, and after his death, to his kids, then their grand kids, THEN 5 years later to the August Ivy clad halls of The Swamp. (You don't have to do 21 years.) Unfortunately, Professor Nice is a bit senile and doesn't realize that PM Whitlam has been dead for 7 years. So the gift goes directly to the kids, who are all also dead. One grandchild is alive, but dies the day after Professor Kind in a biking accident (always wear a bib). 5 years later, the gift goes to the University of Florida and is immediately defiled. The "life in being" thing is important. If Blabbigail wasn't born in my first hypo, the gift would transfer 21 years after Abigail died. Any grandchildren born after Phil dies don't move the clock. The thought is "if you die before this life even existed, you could not have conditioned your gift on the life." But we also assume that ANY person who is alive is old/young enough to have a child or father a child. This is the "fertile octogenarian" and "precocious toddler" rule. Well it's Friday and I'm high as poo poo goodnight
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May 8, 2021 02:54
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You really gotta change that wifi password Phil
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May 8, 2021 16:38
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At work I have a department manager (I'll call JR) who is very sexist/bigoted/misogynistic with his comments. Has made several transphobic comments in the past. One of our coworkers is transgendered (I'll call LW) and gets very upset to hear these things, but is still closeted about it with most people. A coworker let this info "slip" one day to the department manager with the trans employee present. Department manager (JR) began calling LW a "she-male" and telling LW that he cannot really ever transition, that he's just lying to himself. JR asked LW if his boyfriend knows that he wants to be a man. Then asked what he's going to do once he gets the "sex thing" done and how sex would work then. JR reiterated that trans people are fooling themselves. The same night I had chosen to walk out because of other comments that the JR had made to me, "jokingly" calling me a bitch and oval office, saying that women who want equality should equally be punched in the face if they hit a man, etc. When the coworker told me that evening after I had walked out that JR had made the transphobic/sexually harassing comments to him I explained that I was going to HR about this all. At the earliest convenience I went to our HR manager (I'll call CR). CR took copious notes, agreed that trans people shouldn't be targeted with harrassment, asked me to turn over some screen shots of LW texting me what had happened with him, and asked me to give her a couple days to sort this out. Two days later CR called me to state that the department.manager nomoonger works for the company, and asked me to come back to work. I was told by a hourly shift lead that the department.manager was off the schedule. I was told by an assistant.store.manaher that overtime.was.going to be abundant while they figure out how to get more help. Last night, five days later, the coworker LW and I, upon arriving to work, were called to the front for a meeting with another assistant manager JC. The "fired" department manager JR was also there. JR said: -That he's sorry for not being professional. -That he hopes we can all move forward from this and, - that he will be more professional in the future. JR went on to explain that he was brought in to several meetings over the past five days with HR at the store level, HR from our franchise corporate, and even had a sit down interview with the owner of the franchise. We were then told we can all get back to work and JR walked off to our department. LW immediately broke down shaking and crying and walked off somewhere in the store. I stayed to speak with the assistant store manager JC. I explained that I cannot speak for LW but for my part I was extremely disappointed in how that was handled considering that LW was sexually harassed let alone what had happened to me. The assistant manager JC said that he hadn't been filled in on what had taken place, which completely took me by surprise that he was running this meeting with us while not being apprised of what had happened to LW and I. I briefly explained the situation and he seemed to immediately get very uncomfortable with hearing what had occured. I told JC that I cannot believe that they had several meetings with corporate HR without neither LW nor I being present nor being consulted and that we were never told JR was coming back, and then that JC was running this meeting without knowing what had happened. LW decided to leave and call his boyfriend to pick him up, he had to leave work to pick up LW and they live more than 30 minutes away, so he missed his shift also. I am trying to figure out my steps going forward. I have some questions in to a legal advice site that is pairing me with an employment lawyer but I saw this sub thread and figured I'd throw it out here too. Background: This is in Kansas. The store is franchised. HR at the store level was told about it and shown photos of texts between LW and myself where LW told me of what happened. HR then contacted LW to confirm the story. JR was released from work two days later according to store-level HR. JR then over the next five days has meetings with store HR, corporate HR and the owner of the franchise. We were never consulted after the initial reporting. Thank you for your time!
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May 9, 2021 14:54
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Well whatever you do, don't retain the services of a lawyer.
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May 9, 2021 15:12
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Today in 'hr is there to protect the company, not you'
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May 9, 2021 15:26
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Alchenar posted:Today in 'hr is there to protect the company, not you' Heh, said that exact thing to him. 
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May 9, 2021 15:50
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When I'm facing a potential lawsuit with a company, I want to make sure to talk about all of the details online including screenshots between affected parties. You should call an employment discrimination attorney in your jurisdiction for a consult.
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May 9, 2021 17:21
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Mr. Nice! posted:When I'm facing a potential lawsuit with a company, I want to make sure to talk about all of the details online including screenshots between affected parties. I wish them luck in the freedom state of Kansas.
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May 9, 2021 17:41
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I wanna note that it's best not to use the term "transgendered." Just say a person is "transgender." It seems trite, but it's one of those subtleties in language that matters in terms of how it's describing people. Like, I'm "black," not "a black," for example. There's a difference in connotation that matters to me, and likewise there's one between "transgender" versus "transgendered." You obviously mean well and meant no harm, and I point this out so that you can more effectively respect and advocate for your transgender friends and coworkers 
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May 9, 2021 18:21
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Mr. Nice! posted:
No OP don't do this, you'll seem too eager. If it's meant to be, they will come to you.
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May 9, 2021 19:01
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Yeah, its lawyer time. I suspect the gendered stuff against you will have far more of an impact unfortunately because Kansas.
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May 9, 2021 19:16
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samantonio posted:At work I have a department manager (I'll call JR) who is very sexist/bigoted/misogynistic with his comments. Has made several transphobic comments in the past. One of our coworkers is transgendered (I'll call LW) and gets very upset to hear these things, but is still closeted about it with most people. what do you want out of this? If it's to have JR fired, the company is under no obligation to take any specific course of action. The obligation is that an employer will do *something* to end the harassment once they become aware of it. If no harassment follows the stern talk they gave him, then it's unlikely that you'd have an actionable claim. They don't necessarily have to give you a new manager. If the company already knew, or should have known, of the harassment, then this is different. It's also different if the manager accompanied the harassment by affecting your hours, promotion, demotion, terms of employment, etc. Check https://www.eeoc.gov/harassment I don't know the laws in Kansas, but it's always useful to have recordings etc if the harassment, if it happens again. also ideal to have your complaints documented in some way (eg email to HR). * I'm not an attorney, just deal with this stuff Thesaurus fucked around with this message at 20:32 on May 9, 2021 |
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May 9, 2021 20:24
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Shine posted:I wanna note that it's best not to use the term "transgendered." Just say a person is "transgender." It seems trite, but it's one of those subtleties in language that matters in terms of how it's describing people. Like, I'm "black," not "a black," for example. There's a difference in connotation that matters to me, and likewise there's one between "transgender" versus "transgendered." Oh cool, thanks. I actually debated on that but was unaware of the difference.
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May 9, 2021 20:48
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Thesaurus posted:what do you want out of this? If it's to have JR fired, the company is under no obligation to take any specific course of action. The obligation is that an employer will do *something* to end the harassment once they become aware of it. If no harassment follows the stern talk they gave him, then it's unlikely that you'd have an actionable claim. They don't necessarily have to give you a new manager. Okay, thanks. I'll check that out. I spoke with a lawyer who recommended some steps to be taken in Kansas. But this would not be a claim taken by me, I'm just honing up on background research so I can help point the harassed employee in a good direction.
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May 9, 2021 20:52
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samantonio posted:Okay, thanks. I'll check that out. I spoke with a lawyer who recommended some steps to be taken in Kansas. But this would not be a claim taken by me, I'm just honing up on background research so I can help point the harassed employee in a good direction. The good direction to point your friend in is a local employment lawyer.
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May 9, 2021 21:07
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Let's say my friend leaves a game server running and quits playing. I steal a password from his desk and start playing without telling him. Is there an amount of time after which I can enjoin him from shutting it down? Can I claim ownership if I pay the electric cost?
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May 9, 2021 21:07
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Harold Fjord posted:Let's say my friend leaves a game server running and quits playing. I steal a password from his desk and start playing without telling him. Is there an amount of time after which I can enjoin him from shutting it down? Can I claim ownership if I pay the electric cost? Well you certainly shouldn't start by admitting to a federal crime... But no. You don't somehow gain control over an electronic resource you're accessing without authorization by virtue of that unauthorized access going on for long enough.
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May 9, 2021 21:30
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JohnCompany posted:Well you certainly shouldn't start by admitting to a federal crime... My friend said that he would keep running the Minecraft server if I delivered one stack of diamonds to his chest on the first of the month, which I did. I then constructed a house in the server, which I then rented out to a family of villagers. I make a profit of 10 emeralds from the villagers every month. As a result of my friend's decision to stop running the server, my wife divorced me. To what portion of the emeralds is my wife entitled during the division of assets?
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May 9, 2021 21:43
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samantonio posted:Okay, thanks. I'll check that out. I spoke with a lawyer who recommended some steps to be taken in Kansas. But this would not be a claim taken by me, I'm just honing up on background research so I can help point the harassed employee in a good direction. fyi, you also experienced sexist harassment when you deal with this poo poo: quote:The same night I had chosen to walk out because of other comments that the JR had made to me, "jokingly" calling me a bitch and oval office, saying that women who want equality should equally be punched in the face if they hit a man, etc. whether it's actionable is another thing. And obviously if it doesn't bother you personally as much, that's your call, and you shouldn't escalate it on your behalf if you don't want to. but a manager admitting to making such statements (he probably only admitted to HR of some really watered down "jokes") is a major red flag Thesaurus fucked around with this message at 22:26 on May 9, 2021 |
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May 9, 2021 22:21
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Devor posted:
None because that's not real. In fact your entire estate isn't real because ownership is an illusion. Luckily, your fists are real and you own them. Trust only your fists.
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May 10, 2021 08:57
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Hot Dog Day #91 posted:Perpetuities rule, dawg So I've been looking up this to try and find our equivalent rule and it's actually not straightforward. It's a mix of statutory inheritance that you can't will away (such as the Phil example) wherein the wife and kids must inherit a statutory minimum of about 210 000 USD and a max (if no money amount is determined in the will) of 11/12ths of the entire estate. There's presedence for conditions in wills but nothing like what I'd consider a perpetuity, and a frankly quite informal expectation of the estate being closed out after a reasonable time. The tentacle porn example I don't really know how would work. The enforceability after the first transferrence would be... suspect, but regardless there's a statutory 10 year deadline for claims to inheritance that probably would apply at some point. But no outright rule against perpetuities. Unless it smacks into the constitutional ban on generational noble holdings and estates (nobility is banned). P. fun thought experiment. I've never seen a will that attempted something like what that perpetuity rule bans.
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May 10, 2021 09:43
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As a practical matter, my advice to any employee who has to actually deal with corporate HR is to start looking for another job. HR protects the company, not you, and someone who makes reports to HR is very often seen as a potential liability. It is very common for workers in your situation to start being targeted and "encouraged" to leave in one way or another. That too can be something you can sue over but in practice the best result is usually to change jobs to a better firm.
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May 10, 2021 13:20
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Hieronymous Alloy posted:As a practical matter, my advice to any employee who has to actually deal with corporate HR is to start looking for another job. I do love when someone sues for having their job taken away unfairly and the remedy is to give them their job back. Do you really want to work at a place that broke rules to fire you? Do you think they aren't going to find a way to do it right this time?
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May 10, 2021 15:16
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pseudanonymous posted:I do love when someone sues for having their job taken away unfairly and the remedy is to give them their job back. Do you really want to work at a place that broke rules to fire you? Do you think they aren't going to find a way to do it right this time? I think you get back pay usually with this remedy.
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May 11, 2021 03:19
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Hot Dog Day #91 posted:I think you get back pay usually with this remedy. That's why the offer of your job back comes relatively quickly after lawyers get involved: to minimize the damages (people usually say no). ...if the people involved have already found another job with equal or higher salary, even better!
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May 11, 2021 03:28
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IANAL, but whatever else you do, you should immediately start looking for a new job.
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May 14, 2021 19:17
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Fess up, whoever this is Some Poor Guy Logged into a Court’s Zoom Call with Anal Sex-Themed Screenname quote:A defendant showed up to a court’s Zoom stream with a deeply unfortunate screenname. No, his name was not really “Buttfucker 3000.”
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May 14, 2021 21:05
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Thanatosian posted:IANAL, but whatever else you do, you should immediately start looking for a new job. Yea, I left. The other employee has since left too and is not seeking any legal avenue. Oddly the store manager said he can use her for a reference and he was a really good worker and all that. There's a third worker that more than likely will follow suit and leave as he doesn't put up this crap either. It baffles me that their choice was to keep a lovely manager and lose three good workers.
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May 15, 2021 03:31
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Pleiadian Light posted:Yea, I left. The other employee has since left too and is not seeking any legal avenue. Oddly the store manager said he can use her for a reference and he was a really good worker and all that. There's a third worker that more than likely will follow suit and leave as he doesn't put up this crap either. It baffles me that their choice was to keep a lovely manager and lose three good workers. It may be baffling, but it's not surprising.
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May 15, 2021 07:10
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Humans sometimes act irrationally. Can a lawyer explain sexual harassment using a shopping cart analogy? TIA.
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May 15, 2021 11:13
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The cart is sex with me If you want a promotion you have to push the cart
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May 15, 2021 12:49
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The cart is the job you want If you are a woman you can’t have the cart The cart is a employee who comments on your breasts every day Management won’t move the cart away from you
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May 15, 2021 12:50
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euphronius posted:The cart is sex with me So, annoying, can't quite find the right position to push and there's a persistent squeaking?
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May 15, 2021 14:50
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Nice piece of fish posted:So, annoying, can't quite find the right position to push and there's a persistent squeaking? It’s permanently jammed into the stack of other carts and no amount of yanking will get it out.
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May 15, 2021 15:29
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I’m trying to find legal concepts that wouldn’t fit a shopping cart analogy and it’s hard, I was gonna ask for general average but that’s way too easy.
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May 15, 2021 21:21
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You’re in the right specialty. Maintenance and cure?
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May 16, 2021 03:16
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Phil Moscowitz posted:You’re in the right specialty. Maintenance and cure? No Taking a stab way out of my field here... if you're a cart wrangler hired by the grocery store and you get injured wrangling carts, the store has to pay for your groceries and injuries until you can get back to wrangling? I'm having real trouble with some of the esoteric corners of federal-state relations, like rooker-feldman or heightened interest federal common law, but I'd bet even that's doable at a sufficiently high level of abstraction. Shopping carts all the way down.
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May 16, 2021 04:53
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A homeless navy vet grabbed your shopping cart and ran it into a drainage pond. You can use a basket while we fish it out, and we'll reattach the wheels, but we can't do anything about the squeaking or seaman stains, so you're going to have to live with it.
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May 16, 2021 06:13
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Hypothetically speaking assume this scenario. Party A has 3 year old GMC pickup was parked at an event that 100 other people are also attending. Party B parks next to Party A and sets up one of those Pop-up tents. A strong wind gust then blows said hypothetical tent into Party A's truck. Party A and Party B have met before a couple times at other events, and Party B offers to compensate Party A if he can get an estimate from a Body shop. Party A agrees. Should Party A file an insurance claim? He assumes that Party B's car insurance will not cover anything because his vehicle was not involved. If Party A does file a claim, would Party A's insurance company go after Party B? Are there any other hypothetical actions Party A should take?
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May 16, 2021 11:15
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I don't get it. Explain it to me using a shopping cart analogy.
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May 16, 2021 11:27
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